Personenbezogene Daten - Löschung von Daten
Inhalt
Begriffe im Kontext
Fachlich freigegeben am
Fachlich freigegeben durch
- § Section 19 of the Hessian Data Protection Act (HDSG) (correction, blocking and deletion)
- § Section 12 of the Federal Constitution Protection Act (BVerfSchG) (Federal Office for the Protection of the Constitution)
- § Section 35 of the Federal Police Act (BPolG) (Federal Police)
- § Section 32 of the Federal Criminal Police Office Act (BKAG) (Federal Criminal Police Office)
- § Section 33 of the Federal Criminal Police Office Act (BKAG) (Federal Criminal Police Office)
- § Section 489 of the Code of Criminal Procedure (StPO) (criminal courts, criminal prosecution authorities)
- § Section 494 of the Code of Criminal Procedure (StPO) (Federal Office of Justice for a central public prosecutor's register of proceedings)
- § Section 29 of the Road Traffic Act (StVG) (Federal Motor Transport Authority for the erasure of entries in the driving aptitude register - previously: central traffic register)
- § Section 45 et seq. of the Federal Central Criminal Register Act (BZRG) (Federal Office of Justice for the deletion of entries in the Federal Central Criminal Register)
- § Section 152 of the Trade Regulation Act (GewO) (Federal Office of Justice for the removal of entries in the Central Trade Register)
In principle, you can request the deletion of your stored (personal) data from any public body of the Federal Government, the State of Hesse, the municipalities and districts.
Your data must be deleted if
- the storage is inadmissible,
- the storing body no longer needs your data to fulfill its tasks or
- personal data is stored in files if the storing body no longer needs the entire file to perform its tasks.
In certain files, for example
- the Federal Criminal Police Office,
- the state police,
- the Office for the Protection of the Constitution,
- the courts and the criminal prosecution authorities,
- in the population register
- and in the federal or central trade register
- in the driving aptitude register (previously: central traffic register)
Stored personal data must be
- after the occurrence of a certain event, such as
- after a criminal investigation has been discontinued,
- after acquittal in criminal proceedings,
- after moving to another municipality,
- or after the expiry of certain time limits
be deleted. In many cases, the authority storing the data must check within precisely defined time limits whether it is still necessary to store the data. The exact procedure to be followed with the data and the deadlines to be observed are regulated by the respective authorities.
No deletion of data
Your data will not be deleted, but blocked if
- there is reason to assume that deleting your data would compromise your legitimate interests or
- the deletion of your data is only possible with disproportionate effort due to the special type of storage and
- if the deletion is prevented by statutory retention periods.
Submit a request for erasure to initiate the procedure. It can be submitted informally in writing, verbally, by telephone or electronically to the authority or company that holds your data. The data controller will then check whether the conditions for erasure are met. If this is (partially) the case, it will delete (part of) your data and inform you accordingly. Otherwise, it will (partially) reject the request.
In the event of a (partial) rejection or from the outset, you can (also) contact the competent data protection supervisory authority.
The recipients of transferred data must be notified of the deletion of your unlawfully stored data, unless notification proves impossible
Miscellaneous
According to § 35 of the Federal Data Protection Act, a data subject can also request the deletion of personal data from a non-public body under certain conditions.